Disposed

Gouri Charan Das v. State of Orissa

Orissa HC13 Feb 2017WP(C)/2221/2017

Case brief

AI extract

What is this about?

A single Bench directed the Sub-Collector, Koraput to accept a Form-II return filed with a limitation application within four weeks and condone the delay if the land covered by the return matches the sale deed, relying on prior orders in W.P.(C) No.10142 of 2015 and W.P.(C) No.11562 of 2009.

What did the court decide?

Direction to Sub-Collector, Koraput to accept Form-II return filed within four weeks with condonation of delay if land conditions met.

Gouri Charan Das Vs State of Orissa — Civil Procedure and Limitation | Orissa HC (2017)

¶1

 W.P.(C) NO.2221 OF 2017

¶2

13.2.2017 In view of the resolution of the Orissa High Court Bar Association, the lawyers abs
tain from attending the Court.

¶3

 In this writ petition the petitioner has prayed for a direction to the Sub-Collecto
r, Koraput, O.P.3 to accept the return/rent as per Section 3(B) of Regulation 2 of 1956.
 Petitioner alleged that non-acceptance of return under Section 3(B) of Regulation 2
 of 1956 runs contrary to the direction of this Court in a batch of writ petitions. On perusal
 of one such order, this Court finds that identical matters came up for consideration before t
his Court in W.P.(C) No.10142 of 2015. A single Bench of this Court relying on the order dated
 9.5.2011 passed by a Division Bench of this Court in W.P.(C) No.11562 of 2009 directed the au
thorities to accept the return of the petitioner.

¶4

 In view of the above, this Court directs that in the event the petitioner files For
m No.II return along with a limitation application within a period of four weeks from today be
fore the Sub-Collector, Koraput, the same shall be accepted and the delay be condoned provided
 the land for which permission was given covers the land indicated in the sale deed executed i
n favour of the petitioner. In the event the Sub-Collector, Koraput, O.P.3 accepts Form-II and
 proposes to initiate any proceeding against the petitioner under Section 3(B) of the Orissa R
egulation No.2 of 1956 the return filed by the petitioner shall be taken into consideration.
 The writ petition is accordingly disposed of.
 Issue urgent certified copy.

¶5

Gouri Charan Das v. State of Orissa

Case brief

What is this about?

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Gouri Charan Das v. State of Orissa

Case brief

What is this about?

What did the court decide?

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